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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.
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Expectation of Privacy — Public Rest Room
State v. Timothy L. Neitzel, 2008 WI App 143 For Neitzel: David A. Nelson Issue/Holding: Under the particular circumstances, the sole occupant of a locked, public restroom had no reasonable expectation of privacy given that he occupied the room for at least 25 minutes and then failed to respond to pounding on the door. The court […]
Plain View – Cell Phone, Image on Display Screen
State v. Jermichael James Carroll, 2010 WI 8, affirming 2008 WI App 161 For Carroll: Michael K. Gould, SPD, Milwaukee Appellate Issue/Holding: Displayed image on cell phone satisfied plain view doctrine (lawful position of officer, inadvertent discovery, probable cause to be images displayed contraband), ¶¶23-25.
Frisk – Generally – Type of Crime; Admitted Possession of Weapons; Reaching into Pockets
State v. Aaron E. Applewhite, 2008 WI App 138, PFR filed 9/19/08 For Applewhite: Pamela Moorshead Issue/Holding: Reasonable suspicion supported the frisk, given: the type of crime being investigated (residential burglary); the suspect’s admitted possession of, but initial reluctance to produce, two knives; and, his repeated reaching into his pants pockets, ¶¶3-11.
Frisk – Generally
State v. Nathaniel L. Sumner, 2008 WI 94, reversing unpublished opinion For Sumner: Craig Albee, Carol S. Josten Issue/Holding: ¶23 Our protective search or “frisk” jurisprudence has consistently emphasized that the totality of all circumstances present and known to the officer must be taken into account to assess the legality of the procedure. Naturally, some factors will be […]
Frisk of Automobile – Minor Traffic Violation — Reasonable Suspicion, Multiple Factors: Furtive Movements, High-Crime Area, et. al
State v. Clemente Lamont Alexander, 2008 WI App 9 For Alexander: Michael C. Demo Issue: Whether the police had reasonable suspicion to search the glove compartment of a car, stopped for a minor traffic violation (right turn on red without stopping), based on multiple factors: delay in pulling over, furtive movements, high-crime area, and post-stop observation […]
Reasonable Suspicion – “Terry” Stop – Basis – Anonymous but In-Person Report of Drug Dealing and Loitering
State v. Tamara C. Limon, 2008 WI App 77, PFR filed 5/7/08 For Limon: Wm. Tyroler, SPD, Milwaukee Appellate; Lisa A. Packard, Law Student Issue/Holding1: ¶17 The investigative stop stemmed from an anonymous citizen’s tip of drug use and loitering on the porch of the residence. … Where an anonymous tipster is involved, police are required […]
Routine Traffic Stop — Routine Traffic Stop – Duration – Extension by 78 Seconds to Perform Dog Sniff
State v. Ramon Lopez Arias, 2008 WI 84, on Certification For Arias: Lora B. Cerone, SPD, Madison Issue: whether extending a routine traffic stop by 78 seconds so that a dog could perform (without reasonable suspicion) a “drug sniff” amounted to an unlawful seizure. Holding: ¶34 … . There remains no hard-and-fast time limit for when a […]
Reasonable Expectation of Privacy – Guest: Permissive Use of Mobile Home
State v. Sean R. Fox, 2008 WI App 136 For Fox: Daniel M. Berkos Issue/Holding: Permissive guest who had not stayed overnight lacked expectation of privacy in a mobile home: ¶21 The facts of this case contrast with those of Trecroci and more closely resemble those of Carter. Fox’s relationship to his hosts, Terry and McCoy, and to the […]
§ 940.225(7), Sexual Intercourse with Corpse – Defendant Didn’t Cause Death
State v. Alexander Caleb Grunke / State v. Dustin Blake Radke, 2008 WI 82, reversing 2007 WI App 198 For Grunke: Suzanne Edwards For Radke: Jefren E. Olsen, SPD, Madison Appellate Issue: Whether § 940.225 criminalizes sexual contact or sexual intercourse with a victim already dead at the time of the sexual activity when the accused […]
Expectation of Privacy, Generally
State v. Brian Harold Duchow, 2008 WI 57, reversing unpublished decision For Duchow: Melinda A. Swartz, SPD, Milwaukee Appellate Issue/Holding ¶21 This second component reflects that protections from unreasonable searches and seizures, as described in the Fourth Amendment of the federal constitution [15] as well as Article I, § 11 of the state constitution, [16] must be determined by reference to the […]
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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.